The Canton advocate. [volume] (Canton, D.T. [S.D.]) 1877-1897, 1887-06-16

rial board OF school commissioners. This
done, our students will have the des ervcd
recognition in any part OF the territory.
The tall term tor the year lSS7-S will
begin Tuesday, September l3.
In our issue two weeks ago, as news
item, we made mention of the conviction
and tining of Chas. B. Reynolds in New
Jersey, heading it ''Free Speech Denied
and calling it IA singular CASE This
characterization seems not to suit an es-
teemed correspondent, who in commu-
nication in this weeks issue seeks to en-
tighten us and our patrons on the merits
and philosophy of the case He writes
as follows
EDITOR ADvocATE:-In your last is
sue appeared short article headed Free
Speech Denied commenting on the ac
ton of the court in New Jersey in fning
Charles B. Reynolds about 500 for pub
fishing blasphemous article in Morris
town, that state. The jury in the case
simply brought in a verdict in accord
ance with the facts, and the Judge SEN
fenced the offender in accordance with
the following law of the state Of New
Jersey:
"1f any person shall wfully blasp heme the holy
name of God, by denying, cursing or contemptu-
ousy reproaching His being or providence, or by
contumeliously reproaching Jesus Christ or the
Holy Ghost or the christian religion, or the Eoly
word Of God, that is, the canonical script
ures of the old and new testament, or by rrota ne
contempt or ridicule, shall, conviction thereof,
be punished by fine not exceeding $500, or i'm
prsoned at hard labor not exceeding twelve
months. or BOTH"
AS the New York Independent says in
this case: THE settled doctrine of this
country is that mel are not forbidden to
think and freely express their opinion on
the subject OF religion, provided they do
so in manner that is decent aud not of
fensive to the general sensibilities of the
community. 1t then quotes the prin-
clple on which such laws us the above are
founded. In the words of Judge Cool
ey: .--..---...-
Some acts would be offensive to public sen,i-
ment III a christian community, and would tend to
public disorder, which, in Mahommedan or Pa
gan county might be passed without notice, or be
rega rded as meritorious. The criminal acts OF
every country have reference in great degree to
the prevailing public sentiment, and punish tb ose
acts as crimes which disturbs the peace and order
or tend to shock the moral sense of the community.
The moral sense is measurably regulated and con-
trolled by the religious belief; and therefore, 1t ia
that those things which, estimated christian stan
dard, are profane and basphemous properly
punished as otfenses, since they offensive in
the highest degree to the general public sense, and
have a direct tendency to under rmine the moral
support OF the laws and corrupt the community.
ICONS titntional limitations, p. 471.)
1t is probably known to but few of our
readers that the laws of Dakota are even
more severe than those of New Jersey.
They define blasphemy as misdemeanor,
the punishment of which Is imprisonment
not exceeding one year, or by a fine not
exceeding $500, or by both such fine and
Imprisonment. 'Profane swearing is
also punishable by a fine of one dollar for
every such offense. Xxx
We did not say that free speech had
been denied without color of law, but the
fact still remains that Reyn olds was
fined for exercising the right most boast
cd of in this country of free speech.
But we now do say that he was unjust
ly fined, and base our opinion upon the
two following provisions Of the constitu-
ton of the United States, viz:-Article l,
amendments: Congress shall make NO
law X : = abridging the freedom
of Speech; and section 2, article 90
This constitution shall be the supreme
law Of the land, and the judges in every
state shall be bound thereby, anything in
the constitution or laws of any state to
tire contrary Notwithstanding
Was it singular case? The Christian
Advocate says "The charge of the
judge Ito the jury was systematic and
thorough reply to every point made by
defendants s counsel" Our faith in the
judiciary of a country rests upon the as
sumed impartiality Of the judge in triaI
before him, and to their lasting honor
be it said that that faith is seldom mis-
placed. So when, as in this case, ajudge
so far forgets his office and publicly de.
means himself as to become an advocate
with the jury against prisoner on tria
|
in his own court, are we not justified in
saying it was singular case?
Agaiu--in passing sentence upon the
prisoner, the judge said: ''Inasmuch as
the law under which you have been con
victed has for so long been unused, you
may reasonably be expected to have been
ignorant of it." IF there is any meaning
in language this statement means that
the law was practically obsolete. If 6
man in the evening OF the nineteenth
century is arrested and fined under law
that is admittedly obsolete, is that not
/ little singular? We can hardly admit
that we are open to just criticism for oul
| Characterization of the case. Our cores
pondent says that the jury simply
brought in verdict in accordance with
the facts, leaving to Inference entirely
what the facts were, while in our item
we quoted the exact words which constr
tuted the offense, and 50 gave our read
ers an opportunity to judge for them
selves whether the words were justly Of
fensive or not. Our correspondent
quotes and approves the New York In
dependent, when it says that it is tn.
settled doctrine of the country that per
son must express their opinion upon til,
subject Of religion in such q manner a.
not to be offensive to the susceptibilitie.
of the (religious) community; or in othe,
words. in q manner agreeable or accept,
able to the community. Passing withou
notice the possibilities af tyranny tha
! are 50 thinly yelled BY the term often